Appellate

  • June 11, 2021

    Texas Justices Will Hear Chemical Plant Construction Row

    The Texas Supreme Court will hear a construction dispute in which James Construction Group LLC is fighting to overturn a $1.1 million damages award, arguing the lower courts that affirmed the award failed to apply the plain language of a contract that barred Westlake Chemical Corp. from bringing the claims.

  • June 11, 2021

    Amazon Asks 9th Circ. To Ax $2.5M Verdict In Shipping Suit

    Amazon urged the Ninth Circuit on Friday to order a new trial after it was hit with a $2.47 million verdict for allegedly failing to pay a shipping company, claiming the Seattle federal judge presiding over the case made factual decisions that should have been left to the jury.

  • June 11, 2021

    FTC Deal Forces La. Board To Drop Appraisal Fee Rule

    The Federal Trade Commission has come out on top in its antitrust fight with the Louisiana Real Estate Appraisers Board, securing an agreement that the board will stop limiting appraisers' ability to set their own fees.

  • June 11, 2021

    Alice Ax Of TV Patent Defied Precedent, Full Fed. Circ. Told

    By reversing a lower court and declaring that a Samba TV content recommendation patent covers an abstract idea, the Federal Circuit flouted its own precedent limiting when patents can be invalidated under the U.S. Supreme Court's Alice decision, Samba TV has told the full court.

  • June 11, 2021

    Calif. Asks 9th Circ. To Stay Assault Weapon Ban Injunction

    California Attorney General Rob Bonta asked the Ninth Circuit on Thursday to freeze a district court's decision to block the Golden State's assault weapons ban while it appeals the decision, arguing that, without a stay, dangerous guns will be rushed into the state.

  • June 11, 2021

    Calif. Appeals Court OKs $9.2M Atty Award In Real Estate Spat

    A California appeals court has affirmed a $9.2 million fee award in a decade-old real estate dispute over a San Francisco apartment complex loan, ruling the trial court was correct to award prevailing-party fees to defendant lenders in litigation brought by a borrower.

  • June 11, 2021

    Disputed Land Is Part Of Yakama Reservation, 9th Circ. Says

    The Ninth Circuit on Friday upheld a Washington federal judge's ruling that a disputed area lies within the Confederated Tribes and Bands of the Yakama Nation's land, saying that the court must interpret an 1855 treaty defining the tribe's reservation as the Yakamas understood it at the time.

  • June 11, 2021

    Tenn. Appeals Court Won't Halt Endo's $2.4B Opioid Trial

    A Tennessee appellate court on Friday refused to stay lower court proceedings, including a trial set for July 26, that will determine whether Endo Pharmaceuticals should pay $2.4 billion in damages after being found liable by default in an opioid case.

  • June 11, 2021

    3rd Circ. Cuts Oral Arguments On Player's Settlement Denial

    A Third Circuit panel abruptly called off oral arguments set for later this month in an appeal by a former National Football League player demanding more transparency on whether his initially approved concussion settlement payout was ultimately denied because of the controversial use of "race-norming" to assess payout claims.

  • June 11, 2021

    Texas High Court To Review $7M Gas Explosion Verdict

    The Texas Supreme Court agreed Friday to review an almost $7 million jury verdict award against CenterPoint Energy Resources Corp. for injuries a man sustained in a residential gas explosion, which the utility company argues it isn't liable for under a tariff ending its duties at the gas meter.

  • June 11, 2021

    Texas Justices Rule Cashed Checks Don't Kill Royalties Fight

    A split Texas Supreme Court determined Friday that an Eagle Ford Shale landowner's cashing of royalty checks didn't mean she endorsed the pooling of her oil and gas lease because it wasn't the kind of "express, written consent" outlined in her lease. 

  • June 11, 2021

    Gov't Right To Criticize Northwestern ERISA Win, Workers Say

    Northwestern University workers have further urged the U.S. Supreme Court to review a Seventh Circuit decision tossing their challenge to the university's retirement plan investments and fees, arguing the federal government was right to question the ruling in an amicus brief.

  • June 11, 2021

    Justices Urged To Nix 'Devastating' IPR Rulings In $44M Case

    Ultratec has asked the U.S. Supreme Court to review a series of 2019 Federal Circuit orders summarily affirming Patent Trial and Appeal Board decisions that invalidated eight of its closed-caption patents, saying the decisions imperil a $44 million jury verdict it won against rival CaptionCall.

  • June 11, 2021

    Texas Justices To Hear Challenge To Permit Review Ruling

    The Texas Supreme Court agreed Friday to hear arguments from the state's environmental agency that an appeals court wrongly vacated findings that supported its decision on a wastewater permit for a coal mine.

  • June 11, 2021

    No-Show Atty Ran Out Of 2nd Chances, Mass. Court Says

    An attorney sued for allegedly bungling a medical malpractice case botched his defense in the resulting legal malpractice suit by not answering the complaint lodged against him and not showing up for a deposition, a Massachusetts appellate panel said Friday.

  • June 11, 2021

    Metlakatla Tribe Asks 9th Circ. To Revive Fishing Rights Suit

    The Metlakatla Indian Community has asked the Ninth Circuit to overturn an Alaska federal court decision that said the tribe's previous fishing activities in disputed waters stemmed from lack of government oversight, not permission.

  • June 11, 2021

    10th Circ. Denies Health Workers Increase In $2.3M ERISA Win

    The Tenth Circuit refused Friday to increase a $2.3 million class action win for numerous Banner health workers who said the nonprofit health system allowed their 401(k) plan to pay excessive fees, finding a trial court correctly disregarded the workers' claims they'd lost $19 million in expenses.

  • June 11, 2021

    Dems Call For DOJ To Drop California Private Prison Ban Suit

    A group of 25 House Democrats has urged the U.S. Department of Justice to drop its lawsuit challenging a California ban on private immigration detention facilities and other private prisons, saying it undercuts a goal of President Joe Biden.

  • June 11, 2021

    Ad Agency Urges 9th Circ. To Revive COVID-19 Coverage Bid

    A Nevada advertising agency asked the Ninth Circuit on Friday to revive its bid for coverage of losses sustained because of government pandemic restrictions, saying the district court misinterpreted a key requirement for coverage in favor of a Chubb unit.

  • June 11, 2021

    Creditor Attys Tell 11th Circ. It Erred In 'Mail Vendor' Ruling

    An association of New York creditor attorneys told the Eleventh Circuit it failed to consider the First Amendment implications of a decision that allowed a wave of consumer litigation challenging debt collectors' use of outside mail vendors.

  • June 11, 2021

    SDNY, 2nd Circ. Set To Loosen Virus Safety Restrictions Soon

    Federal judges anticipate a relaxation of COVID-19 safety protocols in the Southern District of New York and the Second Circuit, with details set to be announced as early as Monday.

  • June 11, 2021

    4th Circ. Rejects Fed. Union Challenge To Resistance Talk Ban

    The Fourth Circuit on Friday rejected a federal employees union's challenge to Trump-era guidance that barred workers from invoking the so-called resistance against the president, saying the challenge was premature and moot now that the opinions have been withdrawn.

  • June 11, 2021

    Texas Justices Will Review IPic's Antitrust Suit Against AMC

    The Texas Supreme Court agreed Friday to consider whether circumstantial evidence of an alleged conspiracy between AMC and Regal Entertainment Group to crush an emerging boutique theater chain is enough to keep alive an antitrust lawsuit lodged against the industry giants.

  • June 11, 2021

    Fed. Circ. Doubtful Of Ex-Worker's 2nd Atty Fee Bid In IP Case

    Federal Circuit judges seemed skeptical Friday of a manufacturer's ex-employee returning to the court seeking attorney fees incurred in a spat over control of a machine patent that ended in a voluntary dismissal that made no mention of fee payment.

  • June 11, 2021

    3rd Circ. Blasts 'Unlawyerly' Conduct In Farmer's Enviro Suit

    An Erie County, Pennsylvania, farmer whose former attorney frustrated a federal court with late and overlong filings won't get a second chance to defend himself for filling in protected wetlands, after the Third Circuit on Friday upheld the tossing of his ex-lawyer's brief.

Expert Analysis

  • High Court Could Deter 'Copyright Trolls' In H&M Case

    Author Photo

    If the U.S. Supreme Court upholds the Ninth Circuit's copyright infringement decision in Unicolors v. H&M, then knowingly providing incorrect information in a copyright application — without intent to defraud — will invalidate the registration, which could disincentivize frivolous lawsuits, say Lauren Katzenellenbogen and Adam Aquino at Knobbe Martens.

  • Takeaways From 2 New FBAR Rulings

    Author Photo

    In light of two recent California federal court decisions, capping penalties for nonwillful violations of foreign bank account reporting but broadening the willfulness standard, U.S. taxpayers must be vigilant about understanding their reporting obligations, and prepare for the Internal Revenue Service to target willful conduct, which yields much higher penalties, say Friedemann Thomma and Marianna Felshtiner at Venable.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

    Author Photo

    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

    Author Photo

    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • 9th Circ. Pay Stub Ruling Highlights Employer PAGA Defense

    Author Photo

    The Ninth Circuit’s recent reversal of a wage statement class action judgment in Magadia v. Walmart provides employers with a road map for obtaining early dismissal of meritless Private Attorneys General Act claims and preventing uninjured plaintiffs from maintaining claims on behalf of other aggrieved employees, say Corey Cabral and Robyn Frick at CDF Labor Law.

  • NextEra Ruling Could Support Initial-Bidder Expense Claims

    Author Photo

    The Third Circuit’s recent broad decision that NextEra's unsuccessful merger bid for Energy Future Holdings could nevertheless benefit EFH's bankruptcy estate provides future stalking horse bidders substantial leverage and may establish an alternative way for them to recover transactional expenses, says Ronit Berkovich at Weil.

  • The Future Of Climate Suits After Justices' Baltimore Ruling

    Author Photo

    The U.S. Supreme Court's recent decision in BP v. Mayor and City Council of Baltimore left many questions about climate change litigation unresolved, but cases making their way through federal courts offer the high court more opportunities to decide whether climate suits in state courts are preempted or raise nonjusticiable political questions, says Oliver Peter Thoma at King & Spalding.

  • Pa. No-Hire Pact Ruling Holds Hidden Noncompete Lesson

    Author Photo

    The Pennsylvania Supreme Court’s recent decision that a no-hire agreement between businesses was unenforceable in Pittsburgh Logistics Systems v. Beemac Trucking creates uncertainty for the use of such pacts, but a closer look at the case reveals a more important takeaway concerning the use of employee noncompetes to protect business interests, says Paul Greco at Fisher Phillips.

  • Smaller Firms Need Employee Wellness Programs, Too

    Author Photo

    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Ill. BIPA Ruling Marks Critical Win For Silent Cyber Coverage

    Author Photo

    The Illinois Supreme Court's recent decision in West Bend Mutual v. Krishna Schaumburg Tan, confirming that commercial general liability policies do not have to include specific language to cover claims under the Biometric Information Privacy Act, represents a critical victory for policyholders, but leaves unresolved issues in the battle over BIPA coverage, says Tae Andrews at Miller Friel.

  • What Semiconductor Shortage Means For Patent Drafting

    Author Photo

    Since a critical shortage in the global supply of semiconductors could lead to an increase in U.S. capacity, semiconductor-related patent owners should consider directing more patent claims to manufacturing processes, manufacturing tools and intermediate structures, say Darren Smith and David Ben-Meir at Norton Rose.

  • Opinion

    CFAA And The High Court's Fight Against Overcriminalization

    Author Photo

    When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

  • Unpacking The Latest Trends In Biologics-Related IPRs

    Author Photo

    Analysis of the roughly 120 biologics-related inter partes review and nine post-grant review petitions filed over the last four years suggests that these considerably successful petitions will continue to be attractive, effective weapons for both innovators and biosimilar applicants, say current and former Steptoe & Johnson attorneys.

  • Stop Networking, Start Relationship Marketing

    Author Photo

    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • When Your 9th Circ. Case Needs California High Court Input

    Author Photo

    With the Ninth Circuit increasingly certifying state law questions to the California Supreme Court, litigants should pay careful attention to the rules for ancillary proceedings, study recent issues the state high court decided on certification, and consider strategic options, say attorneys at Buchalter.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!